THE COMMITTEE FOR A HEALTHY KLAMATH ECONOMY

and

OREGONIANS IN ACTION EDUCATION CENTER

AGENDA

2004 KLAMATH LAND USE FORUM

August 21, 2004 , Oregon Institute of Technology Mazama Room

9:30 am to 3:00 pm  

Welcome

Jed Etters, President, Committee for a Healthy Klamath Economy (CHKE)

ABOUT THE COMMITTEE for a HEALTHY KLAMATH ECONOMY

Joe Spendolini, CHKE Director

THE LAND USE PANEL

Frank Goodson, Moderator, CHKE and OIA Director

Oregon Land Use Regulations Overview

Michael Spencer, Governmental Affairs Director for Southern Oregon Realtors

Legislative Issues and “Son of 7” Compensation Measure

David J. Hunnicutt, Executive Director, Oregonians in Action

“Smart Growth and Sustainable Development”

Randall O’Toole, Director, Thoreau Institute and American

    Dream Coalition

Rodney Stubbs, President, Citizens Educating Americans

    (CEA) Network

James Loftus, Vice-president, CEA Network

Government Happenings and Opportunities

Bill Garrard, OR State Rep., District 56, & Chair of the Interim

    Land Use Review Com.

Jeff Ball, Klamath Falls City Manager

Al Switzer, Klamath County Commissioner

SPEAKERS’ BIOGRAPHICAL INFORMATION

THE 2004 KLAMATH LAND USE FORUM  

Jeff Ball – B.A. Carelton College 1972; J.D. University of Wisconsin 1978; moved to Klamath Falls from Minnesota in 1978; City Attorney for Klamath Falls 1985-2000; City Manager 2000-present.  

Jed Etters – was born in Medford 25 years ago but raised in Klamath Falls .  Since high school he has spent 9 years in real estate and is presently a successful Broker with Real Estate Unlimited.  A couple of years ago he headed up a petition for “Healthier Klamath”, which encouraged policy shifts in City government and ultimately lead to formation of the Committee for a Healthy Klamath Economy, of which he is President.  Jed is also active with the Klamath County Republican Central Committee, the local Realtors Association and the Chamber of Commerce.  

Bill Garrard – elected in 1998 as a Klamath County Commissioner and reelected to a second term, Bill ran for State Representative and is in his second term in the state House and is currently seeking his third term.  During his second term, Garrard was one of only three sophomore legislators given a Committee Chair.  The Environmental and Land Use Committee.  Then during the interim he was named Chair of the Land Use Review Committee.  Garrard has been a staunch defender of private property rights and has worked with Oregonians in Action on several bills.  

Frank Goodson – is co-owner of Paradise Hill, a 600-acre Klamath Falls subdivision of 5-ac estates which was approved after three trips through Oregon ’s LUBA.  He is also owner and Principal Broker of Paradise Hill Real Estate and a Klamath County resident of 14 years living in Fort Klamath .  Frank is active in several groups including:  Chairman of Klamath County Republican Central Committee; secretary and board member of the Committee for a Healthy Klamath Economy; board member of Oregonians in Action; past president of Tulelake Rotary; member of Realtors, Home Builders and Chamber of Commerce groups.  

Before coming to Oregon , Frank graduated with a B.A. in Zoology from Humboldt State University in 1963.  Was a fishery biologist with California Fish and Game from 1964 through 1970; was Environmental Services Supervisor for California Fish and Game (Bay Area Region) from 1971 through 1974; was Assistant Secretary for Resources for the California State Resources Agency from 1975 through 1979; and ‘retired’ from civil service in 1979 to manage real estate investments full time and eventually move to Oregon.  

David J. Hunnicutt – is the Executive Director for Oregonians In Action, a non-profit corporation dedicated to preserving the rights of private property owners.  Dave received a Bachelor of Science degree from the University of Oregon in 1988, and a Juris Doctorate from the Northwestern School of Law, Lewis & Clark College in 1992.  During the legislative session, Dave lobbies for Oregonians In Action.  Since 1997, twenty OIA bills have been enacted into law.  

Dave has been a member of the Oregon State Bar since 1992.  Prior to Joining Oregonians In Action, Dave was a partner with Hunnicutt & Hunnicutt in St. Helens .  Dave has appeared and argued before LUBA (Land Use Board of Appeals), the Oregon Court of Appeals, the Oregon Supreme Court, and in circuit courts throughout the state, and is a member of the bar for the Ninth Court of Appeals and the United States Supreme Court.  He has also appeared as a speaker at numerous planning and legal seminars.  

James Loftus – graduated with honors from Oregon State University , Bachelor of Science degree in Communications and a minor in Economics.  James is a former Vice President for Great Western, LTD, an OEM manufacturer for ComputerLand.  Working with PlanTek Management, Inc., James conducted extensive research at the Oregon State Archives, Department of Land Conservation and Development and other state agencies.  Working with the Oregon Commercial Property Owners Association successfully developed an education campaign in the city of Salem bringing attention to the anti-business aspects of Salem Futures (Smart Growth) program resulting in significant changes to ordinances in that community.  

Randal O’Toole – is an economist with the Thoreau Institute and author of The Vanishing Automobile and Other Urban Myths, which evaluated land-use planning in Oregon , California , and other states.  He is also the director of the American Dream Coalition ( www.americandreamcoalition.org ), which is helping people oppose coercive land-use planning throughout the country.  He was the 1998 McCluskey Conservation Fellow at Yale University, the 1999 and 2001 Scaife Visiting Scholar at the University of California at Berkeley, and the 2000 Merrill Visiting Professor at Utah State University.  

Michael L. Spencer – is the Government Affairs Director for the Klamath, Jackson and Josephine Counties Association of Realtors.  He is a licensed Oregon broker and has been an attorney in Oregon since 1983.  He is authorized to practice law in Oregon , the United States District Court for Oregon , the Ninth Circuit Court of Appeals and the United States Supreme Court.  He has extensive background in land-use and real estate law.  

Joe Spendolini – has lived in Klamath Falls for 5 years and is the Klamath Falls Branch Manger for Hire Calling Staffing Services.  

Joe’s personal philosophy about the relationship between business and the community is simple, “you cannot ask a community for their business unless you are willing to give back to the community.”  Joe’s commitment to this philosophy, and this community, is evident by the level of involvement Joe has with many community based organizations.  He serves as the 2^nd Vice President of the Chamber of Commerce, Chairs the Klamath County Chamber Ambassadors, was recently elected to serve on the Klamath Basin Senior Citizens Council, and serves on numerous other boards and committees, as well as being a Director on the board of the Committee for a Healthy Klamath Economy.  

Rodney R. Stubbs – is President of PlanTek Management, Inc., a corporate asset management company specializing in the location and sitting of new plant and equipment investments.  

Mr. Stubbs received his BS in Natural Resources at Oregon State University at Corvallis , Oregon in 1964.  Worked with farmers in Marion County to implement Exclusive Farm Use zones and Urban Growth Boundaries, the precursor to Oregon ’s Statewide Land Use Planning laws.  Consulted with numerous county and city governments in Oregon during the early phases of Statewide Comprehensive Planning programs, developed numerous citizen participation programs in full compliance with Goal 1 Citizen Involvement.  

In the 1970s Mr. Stubbs founded the Oregon Property Rights Council in response to a number of business people in the Salem area that needed assistance in preventing the City of Salem from down zoning 82.5 percent of the City of Salem ’s Commercial land to residential uses.  In 2000, Mr. Stubbs assisted Floyd and Margaret Iverson, owners of the Blueberry Café illegally seized and closed by Marion County, Oregon.  Served as an expert witness in the federal civil rights case involving the Iverson’s.  

Al Switzer – was elected to the position of Klamath County Commissioner in 1996 and was Board Chairman in 1007, 2000, and 2003.  He has been on the Board of Directors of the Association of O&C Counties since 1997; the Board of Directors of the Association of Oregon Counties since 1997 and is the current President.  He was on the Klamath County Budget Committee from 1991 through 1997.  Al has been a sheep producer since 1978 and was a small business owner of Switzer’s Janitorial Service from 1971 through 1978.  Prior to that he was in banking with First National Bank of Oregon from 1969 through 1971 and Bank of America from 1962 through 1969.  Commissioner Switzer is in his second term and is running for a third term.

COMMITTEE FOR A HEALTHY KLAMATH ECONOMY (CHKe)

PO Box 1864 , Klamath Falls , Oregon 97601

Phone 541 891-5431 or 541 850-9001

Our Mission is:  to better our local economy by striving for improvement of development regulations at city, county and state levels.  

On Improving Local Regulations:  We believe there is a positive opportunity to work with the County Commissioners and City Councilpersons to revise existing regulations to improve the economy.  The opportunity exists because many of our local regulations are more stringent than what the State laws require and because our elected officials are reasonable and conservative by nature.  

On Reducing State Regulations:  We plan to lend our support to Oregonians In Action and other private property rights groups to make State land use laws more reasonable and more livable.  For example we strongly support Measure 37, the “Son of Measure 7”.  

On Keeping Supporters Informed:  We plan to conduct an annual Klamath Land Use Forum and also to develop a newsletter to help keep CHKe supporters updated.  

SOME EXAMPLES OF COUNTY AND/OR CITY REGULATIONS THAT COULD BE CHANGED TO IMPROVE THE LOCAL ECONOMY

1. Require that any proposed project that would increase the County or City tax assessment base by more than $750,000 will be personally visited by the, Planning Commissioners, Councilpersons and/or Commissioners making decisions or recommendations on the project before such decisions are made.

2. Specific time limits should be placed on preliminary and final plats so that approval is automatic if a signature is not received on time.  This would replace the present “pocket veto” with a “pocket approval.”

3. Change leach line test requirements so that such testing is not required on any parcel 5.00 acres in size or larger.  It should also be made easier for developers to use hired engineering consultants to do the leach line testing of multiple parcels.

4. Change sign regulations on subdivisions fronting on State Highways to match the requirements of ODOT.

Notes from Presentations  

Michael L. Spencer:  Gave a presentation overview of Oregon Land Use Rules.  

Land use was a local issue up until 1971 when Senate Bill 100 created the Oregon State LCDC (Department of Land Conservation and Development, OREGON'S STATEWIDE PLANNING PROGRAM - INTRODUCTION , and http://www.lcd.state.or.us/goalhtml/goals.html ) and 19 State Planning Goals which covered land to ocean regulations to implement these goals to protect farm land.  

In 1981, Klamath County adopted land-use regulations per State requirements.  Zoning gives rules to property owners on what they can and can’t do with their private property.  

The Oregon State Constitution states that taking requires compensation but the Oregon Supreme Court has ruled that unless all economic use is taken by regulations, no compensation is required.  

Measure 7, passed by voters; was overturned by the Oregon State Supreme Court and Measure 37 which will change the state statues; requires ‘just’ compensation for any economic devalue of property caused by regulations adopted after the property was purchased.  If Measure 37 passes, property owners will have 2 years to make a written demand for compensation and the ‘Public Body’ will have 180 days to make a determination.  Claimant must be the property owner or a relative by inheritance.  

Smart Growth is a nation-wide program and is covered under Goal 12 of Oregon’s land-use regulations.  Goal 12 covers Transportation [Goal 12 Transportation (pdf)] which discourages the use of automobiles by the following:  

-          more houses in a small area

-          multi-family houses, conditional use

-          one off-street parking space per household (social engineering)

-          commercial property location – smart growth will determine the minimum parking spaces allowed, not the maximum  

Klamath Falls is required by the State to look at zoning codes by audit to implement the provisions of Smart Growth. The current State audit process doesn’t require Klamath Falls to adopt Smart Growth but may require it in the future.  

David J. Hunnicutt:  Has family ties to the Klamath Basin , related to Joe Wright.  

Dave did a PowerPoint presentation called “Six Biggest Myths About Oregon’s Land Use Planning System.”  

1. “ Oregon ’s land use planning system is a nationally acclaimed model.”

FACT:  In the 31 years since our system was created, not one state has adopted a statewide centralized land use planning system.  

2. “Without Oregon ’s land use planning system, Oregon would be one big subdivision.” (heard in Portland , Eugene , Salem , Medford )

FACT:  There are 61 Million acres in Oregon

            Federally owned land                                                          57%

            State/local government land                                                  3%

            Farm/forest protected land                                                   38%

            Land within UGB or otherwise use developed                2%

  Source:  Oregon Blue Book, Department of Land Conservation and Development   (UGB is Urban Growth Boundary)  

3. “ Oregon ’s land use system preserves livability.”  (What is livability?)

FACT:  Since the inception of Oregon ’s planning system, the Portland metropolitan area has gone from one of the most affordable housing regions to one of the lease affordable.  Source:  NAHB Housing Analysis  

If the supply goes down, the price goes up.  Land use proponents blame price increases on those “greedy developers”.  

4. “ Oregon ’s land use system is good for the economy.”

FACT:  Permitting is time consuming in Oregon .  90 to 120 days is considered ‘fast-tracking’.  “ Oregon will continue to lose business to other states because of land use rules that seem like socialistic planning to the outside world.” Quote from Dennis Donovan, Global Site Selector, Gruff & Ellis.  

5. “ Oregon ’s land use planning system is popular with Oregonians.”

FACT:  In a December 2003 poll by the Nelson Report, citizens were asked if they liked Oregon ’s land use planning system.  Only 5% responded ‘yes’.  

Another question asked was:  Rate your experience with Oregon ’s land use planning system.  

                        Excellent                                     5%

                        Pretty good                                16%

                        Only fair                                     25%

                        Poor                                           52%

                        Not sure                                       2%  

6. “ Oregon ’s land use system benefits the public at no cost to anyone.”

FACT:  Every regulation in this state that impacts property rights costs everyone in the state.  

Mr. Hunnicutt went on to discuss Measure 7 which was approved by voters in 2000 and was a Constitutional  amendment that stated, “If a regulation enacted after you purchase your property devalues the property, compensation is required.”  This amendment was invalidated by the Oregon Supreme Court under “Separate Votes” test, Article XVII, Section 1.  

The new Ballot Measure 37 will:  

1. Protect your property from unexpected changes in government land use regulation;
2. Gives government a choice – modify the regulation or pay compensation;
3. Creates a process for making claims.

Benefits of Ballot Measure 37:  

1. Eliminates ‘wipe-outs’
2. Creates jobs – by allowing people to develop their land
3. Strengthens tax base for schools, public safety, etc.

Myth’s of Measure 37:  

1. 37 will cost Oregon billions of dollars

FACT:  Not a dollar of cost to Oregon taxpayers, it simply redistributes the burden from a few to all of us.  

2. Will force Oregonian’s to pay polluters

FACT:  Doesn’t apply to regulations preventing  nuisances.  

3. Will result in windfalls to property owners

FACT:  Restoring the uses of the property at the time it was purchased.  

4. Will eliminate access to public beaches

FACT:  Access to public beaches across private property is already under current State law.  

Mr. Hunnicutt also gave several examples of current zoning regulations from around the state that prevent land owners from utilizing their property.  One land owner in Eastern Oregon is zoned ‘farm use’ and his land is covered with sage brush, rocks, and juniper trees.  Upon appeal, the LCDC stated that the ‘farm use’ regulations will continue to apply because the land owner could stack and store hay bales on his property.  Mr. Hunnicutt stated that if that’s all the zoning regulation required, he could stack and store hay bales in his back yard.  

Another landowner in the Willamette Valley owns what is zoned “forest land”.  His property is covered with grass/weeds and dying and dead trees.  According to a land survey, the top soil is only 12 inches deep and overlays enough aggregate to keep ODOT building roads for the next 100 years – if ODOT were building any new roads.  Any trees planted on this property don’t survive.  

Randal O’Toole   Stated that Portland , Oregon leads the nation in Smart Growth and people come from all over the world to see how Portland does it.  

According to Smart Growth, you either have to expand the Urban Growth Boundaries or add population density to the area.  In Portland , 80% more people are moving in with only an 8% land increase to the UGB.  

Portland has rezoned neighborhoods to meet new density requirements.  Example:  Your house burns down, you have to replace it with multi-family housing.  This is why you see new 4+ story apartment complexes going up in residential areas.  Zoning used to call for 4 houses per acre, now zoning in some areas call for 30 housing units per acre using mid-rise development.  Some areas zoning calls for 25 houses with 1,000 square feet apiece.  This means ‘skinny’ 15 feet wide houses with only 10 feet between them.  

Portland has decided to change land use by changing transportation rules.  Their ‘light-rail, metro system’ incorporates high density zoning.  All along the new light-rail system new high density zoning has been implemented, trying to force people to live in apartments, get rid of their automobiles, and use light-rail.  To do this, they have implemented what they call ‘traffic calming’ which in reality causes more traffic congestion.  One busy 4 lane road with left and right turning lanes is being changed to a 2 lane road with no turning lanes.  Portland wants more traffic congestion so more people will start riding the light-rail trains.  

Another Portland Smart Growth plan is to restrict parking at churches.  One church has been told that only 70 of the congregation can worship at a time in a 300 seat church.  Portland has encouraged developers to build multi-use housing/retail complexes.  One example built near a light-rail station has less then 50% apartment occupancy and 0% retail occupancy.  The reason:  no parking for residents or potential shoppers at the retail businesses.  

Rodney R. Stubbs  Suggested we read “Cloak of Green: The Links Between Key Environmental Groups, Government & Big Business” by Elaine Dewar (hard to find, out of print).  

Mr. Stubbs talked about the Global Biodiversity Convention (signed by the first President Bush) which controls all parts of our life, the Wildlands Project, International Treaties, and the President’s Sustainable Development Task Force (Clinton).  

He also talked about the Oregon Forestry Plan which has the following purposes:

1. Enhance carbon storage in Oregon ’s forests and forest products
2. All carbon in trees everywhere in the state becomes the property of the state or some foreign interest

“Administrational Rules – Not Laws are running our country.”  

Bill Garrard  1000 Friends of Oregon is a big and powerful group that fights each and every legislator on land use.  The Oregon Farm Bureau had joined 1000 Friends and farmers in the Willamette Valley control the Oregon Farm Bureau.  

On land use issues, one size does not fit all.  Garrard is fighting to change Oregon ’s land use rules and regulations to a 7 region system instead of the present state wide system.  

The Governor say’s he wants to reform our land use laws but Garrard doesn’t trust him.  

Jeff Ball  The City of Klamath Falls feels that giving property owners and developers the option to implement Smart Growth is the way to go, not force it down their throats.  

Al Switzer  Spoke about streamlining County Planning/Building/On-site departments to make it easier by increasing staff expertise, using an integrated computer system where different departments in the county/state can communicate (Assessor/City of Klamath Falls/ODOT/OIT), and allow the building permits process to be online and assessable to the common man from home.  He spoke about not being computer literate and wants the system so user friendly that even he can understand it.  The County’s MIS department wrote a program for integration but it didn’t work; the county is now looking and evaluating ‘off the shelf’ programs.  

Mr. Switzer also spoke about LCDC Goal 14 [Goal 14 Urbanization (pdf)]; everybody in the state rolled over but not Klamath County .

Barbara Hall

The Klamath Bucket Brigade, Inc

August 21, 2004

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